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(영문) 의정부지방법원 고양지원 2016.05.25 2016고단693
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 23, 2015, the Defendant violated the Road Traffic Act (re-accidents after accidents) driven a Brando XG car on the roads near the Cypian Yol Rock at the end of the month, in the vicinity of the Cypian Cypin Rock, on April 23, 2015.

At the time, since the driver of a motor vehicle is at night, he/she had a duty of care to live well before and after, and after, the driver had a duty of care to prevent accidents by safely manipulating the steering gear.

Nevertheless, the Defendant neglected to do so for the reason that it is not known, and the Defendant was negligent in proceeding as it was, and the Defendant received the road set-off day from the front part of the said car, and received the central separation stand.

Ultimately, the Defendant did not immediately stop and take necessary measures after destroying the guard car due to the above occupational negligence.

2. The Defendant, in violation of the Road Traffic Act (unlicensed driving) and the Guarantee of Compensation for Damages of Motor Vehicles, driven the said motor vehicle without a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The driver's license ledger;

1. Inquiry into information on non- mandatory insurance policy;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of measures not to be taken after destruction), 152 subparag. 1, and 43 (the occupation of unlicensed driving) of the Road Act, Articles 46(2)2 and 8 (the occupation of failing mandatory insurance) of the Guarantee of Automobile Compensation Act, and selection of imprisonment with prison labor;

1. According to the circumstances in which the Defendant appears to reflect on the reasons for sentencing under Articles 37(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes: (a) the Defendant went to commit the instant crime even though he had the record of 4 times a fine and one time a suspended execution due to driving or driving without a license; (b) even though the Defendant was in a state of non-license, he/she continues to possess his/her motor vehicle; and (c) the Defendant was driving of the instant case.

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